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2025 Supreme(Gau) 1628

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Basu Deo Agarwal – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Petitioner: MR D DEKA, MR N J KUMAR
For the Respondent: ASSTT.S.G.I., GA, ASSAM

ORDER :

M. Zothankhuma, J.

1. Heard Mr. D. Deka, learned counsel for the petitioner and Mr. R.K.D. Choudhury, learned Dy. SGI for the respondent nos.1, 2 & 3. Mr. D.K. Sharma, learned counsel appears for the respondent nos.4 & 5. No one appears for the State.

2. The petitioner has filed this Public Interest Litigation (PIL) praying for a direction to be issued to the respondent authorities to modify/alter/amend the Rules/Guidelines, in relation to disclosing the ‘original place of birth’ of adopted children while issuing Passports/Birth Certificates or any other Certificate, as it allegedly violates and infringes upon the right of privacy of the said person.

3. The petitioner’s counsel submits that as per Regulation 45 of the Adoption Regulation of 2017, the authorities involved in the process of adoption must maintain confidentiality of adoption records, except as permitted under any law. He also submits that as per the Regulation 12(10) of the Adoption Regulation of 2017, the Specialized Adoption Agency is to carry out the necessary act of issuance of Birth Certificates in cases of adopted children, post adoption order by the Court. Under this Sub-Regulation, the Specialized Adoption

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